Contreras Floor Amendment
Second Regular Session S.B. 1519
CONTRERAS FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1519
(Reference to COMMERCE AND PUBLIC SAFETY Committee amendment)
Page 20, after line 29, insert:
"Sec. 6 Title 13, chapter 31, Arizona Revised Statutes, is amended by adding section 13-3123, to read:
13-3123. Unlawful securing of a firearm; affirmative defense; classification; definitions
A. A person commits unlawful securing of a firearm if a minor obtains access to a readily dischargeable firearm because the person with criminal negligence:
1. Fails to take steps that a reasonable person would take to prevent a minor from accessing the firearm, including placing the firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.
2. Leaves the firearm in a place to which the person knows or should know that the minor would gain access.
B. It is an affirmative defense to a prosecution for a violation of this section if the minor:
1. Uses the firearm while being Supervised by a person who is eighteen years of age or older and the use is for hunting, sporting or another lawful purpose.
2. Uses the firearm In the lawful defense of a person or property.
3. Obtains the firearm by entering into another person's property in violation of this title.
4. Uses the firearm while the person is engaging in an agricultural enterprise.
5. Uses the firearm while engaging in an activity included in section 13‑3111, subsection B.
C. A person may not be arrested for a violation of this section until seven days after the day that the person committed the offense if:
1. The person is the minor's family member as defined in section 12‑1881.
2. The minor's discharge of the firearm caused the death of or serious physical injury to the minor.
D. A violation of this section is a class 6 felony, except that if the minor discharges the firearm and causes the death of or serious physical injury to the minor or another person it is a class 4 felony.
E. For the purposes of this section:
1. "Minor" means a person who is under seventeen years of age.
Renumber to conform
Amend title to conform